2012 : MALAS for Practicing Lawyers

 

No! I am not talking about tidal waves crashing over the Himalayas, geeky scientist, planetary alignment , mutation, and  planet earth blah blah.

Instead, I am referring to Bar Matter No. 2012 issued by Supreme Court last February. SC came up with Bar Matter No. 2012, in essence, it talks about Mandatory Legal Aid Service (MALAS) , a new requirement for those who  want to continue in the practice of law.  Accordingly, every practicing lawyer is required to render a minimum of sixty (60) hours of free legal aid services to indigent litigants in a year. Said 60 hours shall be spread within a period of twelve (12) months, with a minimum of five (5) hours of free legal aid services each month. Non-compliance would render the erring lawyer be declared a member of the IBP who is not in good standing

The BM 2012 is supposed to take effect on July 1, 2009, but its effectivity is deferred on January 1, 2010.

While, the objective is praiseworthy, many practicing lawyers have expressed their disapprovals. While five hours per month may seem not necessarily burdensome, in actuality it is.  I am based in Manila, but I belong to IBP Chapter located in the province which requires seven hours of travel. Which means, in order to comply with this rule, I have to take a leave of absence in the company where I work. Travel all the way to province, and then appear before the court.   When a case is given to us, we devote not just five hours to come up with good pleading save for simple motions like postponement and extension. This is a pro bono case, and the litigation expenses are burdened by the lawyer.  I believe that a lawyer should not be forced to do pro bono work, it has to be something voluntary not mandatory.  Here’s the full text of the circular.

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s